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Kidnap



  • The term 'Kidnapping' literally means, "carrying away a person against his/her will or against the will of the guardian in case of a minor".

  • The term 'Kidnapping' is derived from the word 'kid', which means child, and 'nap', which means, "to steal". The word 'kidnapping' means "child stealing". However, it is not confined or restricted to child stealing. It extends to all.

  • Whoever takes or entices any minor under sixteen years of age, if a male, or under eighteen years of age, if a female, or any person of unsound mind out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship.

  • In criminal law, kidnapping is the taking away or transportation of a person against the persons will, usually to hold the person in false imprisonment, a confinement without legal authority. This may be done for ransom or in furtherance of another crime, or in connection with a child custody dispute.

  • Kinds of Kidnapping (Sec.359):

    According to Sec.359, kidnapping is of two types, viz.

    1. Kidnapping from India (Sec.360); and
    2. Kidnapping from lawful guardianship (Sec.361)

    1. Kidnapping from India (Sec.360)

    It means carrying away a person (conveying a person) beyond the territorial limits of India against its consent. It is an offence under Sec.360, if a boy below the age of 16 years and a girl below the age of 18 years is conveyed beyond the limits of India even with his/her consent.

    2. Kidnapping from lawful guardianship (Sec.361)

    According to Sec.361 IPC enticing or taking away of a minor girl below 18 years of age, or a minor make below 16 years of age or any person of unsound mind from the lawful custody without any consent of such guardian, is called "Kidnapping".

    There is an exception to this Section, which provides that this Section does not extend to the act any person who in good faith believes himself to be entitled to the lawful custody of such child, unless such act is committed for an immoral or unlawful purpose.

    Essentials :

    To constitute the offence of kidnapping under Sec.361, the following ingredients are to be satisfied.

    1. Enticing or taking away of a minor male below 16 years or female below 18 years or a person of unsound mind.

    2. Taking away or enticing must be from the lawful guardianship.

    3. Without the consent of the lawful guardian.

    The word 'taking' means, "causing to go". 'Enticing' means, "taking by inducement". The words 'taking' and 'enticing' used in the offence (of kidnapping) have the same application to determine guilt of the offence.

    Punishment for Kidnapping (Sec.363):

    Section 363 prescribes punishment for kidnapping. Whoever kidnaps any person from India or from lawful guardianship shall be punished with imprisonment up to 7 years and also liable for fine.

    PREVENTIVE MEASURES :

    • In order to sensitize the police officers at the ground level towards offences against women, CID, Crime Branch compiled a Compendium on Crime against Women. The Compendium contains the following:

    • 1. Recent amendment of IPC/Cr.P.C.

      2. CB Circular No.12/2012 regarding implementation of “Protection of Children from Sexual Offences Act, 2012”

      3. Police Circular Order 338/2013 pertaining to prompt investigation and prosecution of crime against women.

      4. Police Circular Order 343/2013 regarding Standard Operating Procedure (SOP) pertaining to prompt investigation and prosecution of crime against women

      • Necessary instructions regarding Prompt investigation and submission of charge sheet within sixty days and extension of time in exceptional and specific cases have been mentioned in the SOP.